Crash victim’s family launches lawsuit

The family of a Hants County man that died in a three-vehicle crash one year ago in Mill Section, near Windsor, is suing the company that owned the garbage truck he collided with, its driver and both the owner and operator of the third vehicle involved.

Paul VanWychen, 40, of Vaughan was pronounced dead at the scene of the Highway 14 crash that happened on Aug. 21, 2013.

VanWychen was driving a northbound car that collided with a southbound garbage truck at about 7:30 a.m., RCMP said at the time.

After the impact with the car, the truck crossed the highway and struck a power pole, police said at the time. The truck’s load shifted, causing the truck to roll onto its side, striking a pickup truck stopped on the shoulder of the road.

The garbage truck then caught fire. The garbage truck driver was taken to Hants Community Hospital in Windsor with minor injuries.

A 37-year-old woman driving the pickup and her five-year-old passenger were not hurt.

In the lawsuit, the plaintiffs allege that Baker and Hart were negligent in that they failed to keep a proper lookout; drove at an excessive rate of speed under the circumstances; did not maintain proper or any control of their vehicles; drove in a dangerous manner and did not use any warning device when the collision appeared imminent.

The suit also claims that Tri County Waste Management Ltd. and Buchanan were each negligent in allowing an inexperienced and a careless driver to operate their vehicles and allowed the vehicles to operate when they were in poor mechanical condition.

None of the allegations has been proven in court and no defence has been filed.

The plaintiffs are claiming reimbursement for any out-of-pocket expenses incurred for the dead man’s benefit; damages for lost care, guidance and companionship; special and general damages; prejudgment interest and court costs.